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NURSING HOME RESIDENTS' ADVISORY COUNCIL v. KELLY

No. 4-78 Civ. 156.

470 F.Supp. 747 (1979)

NURSING HOME RESIDENTS' ADVISORY COUNCIL, and Ernest Erickson, on behalf of himself and others similarly situated, Plaintiffs, and Jackson F. Sanford, Intervening Plaintiff, v. Howard KELLY and George Collias, Individually and as Program Directors of the Hennepin County Welfare Department, and Thomas Ticen, John Derus, Sam Sivanich, Jeff Spartz, Nancy Olkon, E. F. Robb, Jr., and Richard Kremer, Individually and as members of the Hennepin County Welfare Board, and Robert Baird, Individually and as Assistant Commissioner of the Minnesota Department of Public Welfare, and Edward Dirkswager, Jr., Individually and as Commissioner of the Minnesota Department of Public Welfare, Defendants.

United States District Court, D. Minnesota, Fourth Division.

May 30, 1979.

Attorney(s) appearing for the Case

Legal Aid Society of Minneapolis by Laurie N. Davison, and Michael Fargione, Minneapolis, Minn., appeared for plaintiffs and intervening plaintiff.

Warren R. Spannaus, Atty. Gen., State of Minnesota, by Paul G. Zerby, Asst. Atty. Gen., and Ellen C. Dubuque, Sp. Asst. Atty. Gen., St. Paul, Minn., appeared for defendants Dirkswager and Baird.

Gary W. Flakne, Hennepin County Atty., by Douglas J. McClellan, Asst. County Atty., Minneapolis, Minn., appeared for defendants Kelly, Collias, and members of the Hennepin County Welfare Bd.

MEMORANDUM ORDER FOR JUDGMENT

ALSOP, District Judge.

This matter comes before the court on cross-motions by the plaintiffs and the defendants for summary judgment pursuant to Rule 56 of the Fed.R.Civ.P. Defendants have also moved for dismissal pursuant to Rule 12(b) or summary judgment pursuant to Rule 56 for lack of subject matter jurisdiction.

This court has ruled on the issue of subject matter jurisdiction in its memorandum order of May 19, 1978...

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